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Sumary
The article attempts to show a brief overview of the position of the Brazilian Supreme Court regarding cases of State’s objective liability for unconstitutional omission, especially administrative omission. The affronts to fundamental rights of citizens by omissions from the public administration were object of several interpretations in the history of the Brazilian Constitutional Court. For this reason, we begin with an analysis of some recent cases and subsequently we focus our study on the theoretical debate about the main theories of civil liability applicable to cases like those analyzed here. |
